THE "NONMINISTERIAL" EXCEPTION

The church autonomy doctrine, rooted in the First Amendment, protects religious organizations from government interference in their internal affairs, including employment decisions. The Supreme Court has recognized this doctrine in several landmark cases, including Watson v. Jones, Kedroff v. Saint...

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Bibliographic Details
Published in:The Notre Dame law review 2023-11, Vol.99 (1), p.393
Main Author: Sirilla, Athanasius G
Format: Article
Language:English
Subjects:
Analysis
Autonomy
Church and state
Employment discrimination
Exceptions (Law)
Freedom of religion
Laws, regulations and rules
Litigation
Ministers (Clergy)
Religion
Religious aspects
Religious institutions
Religious organizations
Sex discrimination
Supreme Court decisions
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Summary:The church autonomy doctrine, rooted in the First Amendment, protects religious organizations from government interference in their internal affairs, including employment decisions. The Supreme Court has recognized this doctrine in several landmark cases, including Watson v. Jones, Kedroff v. Saint Nicholas Cathedral, and Hosanna-Tabor Evangelical Lutheran Church v. EEOC. These cases established the ministerial exception, which grants religious organizations complete autonomy in deciding who their ministers are. However, there are still unanswered questions regarding the scope of the ministerial exception and the protection of religious organizations in employment cases outside of the exception. This Note argues for greater protection for religious organizations in employment cases, as even ordinary members play a crucial role in preserving religious teachings. The government has an interest in protecting the rights of religious groups, as they contribute to the formation and maintenance of public morals in a democratic society. The Court should recognize a non-ministerial exception that allows religious organizations to make employment decisions based on religious reasons without government interference.
ISSN:0745-3515